Homelessness
If you are in danger of losing your home it is important that you tell us as soon as possible. We will deal with any enquiries as sympathetically as possible to prevent further distress. We will:- give you advice on your legal rights which may prevent losing your home
- suggest ways you could resolve your problems
- provide you and your family with another home which may only be for a temporary period
What is homelessness?
You are homeless if you do not have a home that you can use. Your home must also be available to any other member of your family or household with whom you normally live. You are not homeless if:
- you can legally stay in your home
- there is another home which you can occupy
- you have permission to stay where you are, or you can obtain that permission
You may be homeless if you have a home, but cannot live there for certain reasons:
- you have been evicted illegally or unlawfully from it
- it is not reasonable for you to stay in your present home, e.g. if it is likely to lead to violence against you
Prevention of homelessness
We work to prevent homelessness. We can offer help such as debt counselling or negotiations with landlords to prevent or delay the loss of your home. We can also give you advice about other types of housing and the possibilities of returning to your existing home.
Please contact us as soon as your landlord or building society threaten repossession action. If you lose your home due to rent or mortgage arrears which could have been avoided, you may be considered to be intentionally homeless.
Housing priority groups
You may be entitled for council housing or council sheltered housing if you meet eligibility criteria as detailed below:
- have one or more dependant children living with you (a dependant child is normally under 16 years old or under 19 if in full-time education)
- you or someone living with you is an expectant parent
- have lost your home due to an emergency such as a serious fire, flood or other disaster
- are 16 or 17
- are 18 – 20 and a former ‘relevant child’ under the Children (Leaving Care) Act 2000
- are vulnerable for special reasons
- you are elderly or in poor health, are in danger of a violent attack, or are vulnerable as a result of being in custody or having served in the Armed Forces
If you are homeless, or likely to be homeless, but are not in one of the priority groups you will not be offered housing. Instead, we will give you advice and assistance to help you find somewhere else to rent or buy or to help you stay with relatives and friends.
Intentional and unintentional homelessness
If you claim to be homeless, we have to ask about your application and the reasons why you became homeless. We may contact your previous landlord, employers, social workers, solicitors or other people who may be able to give us information about your homelessness.
If you have become homeless through deliberate action or inaction, you may be regarded as intentionally homeless. Even if you are in a priority category we will not have a duty to find housing for you although we may find some accommodation for you for a temporary period - the maximum is usually 28 days.
You will not be regarded as intentionally homeless if you have done your best to keep your existing home or have lost your home through no fault of your own.
Please ask us for advice and seek legal advice before giving up your home. You speak to a solicitor, the Citizen’s Advice Bureau or the Housing Advice Centre.
Local connection with Portsmouth
If you are homeless and in priority need with a local connection to Portsmouth, we are obliged to find you somewhere for you to live. A local connection means you have:
- lived in the area for the past six months out of 12 months or three years out of five years
- a permanent job in the city
- close family that has lived permanently in the council area for more than five years
If you apply to us as homeless and have no local connection with Portsmouth but a strong connection with another district, we may refer you back to that other area for advice or assistance.
Result of your application
When we complete our enquiries into your application we will write to you and tell you of our decision. We will tell you if we consider you are:
- homeless or regarded as homeless
- in a priority category
- thought to have made yourself intentionally homeless
- being referred to another council
We will also tell you if we will provide you with housing in bed and breakfast or other accommodation.
Review of decision
Although we try to ensure that all our decisions are fair and reasonable, we do have a review procedure. If you feel that an incorrect decision has been made in your case you can ask for a review of the decision. You may make a formal appeal, in writing, to the Homelessness and Housing Advice Manager. Your details will be reviewed and if necessary the decision will be changed. A letter will then be sent to you advising you of our decision and of any further action you can take.
Important note
Under the Housing Act 1996 (Section 214), we must inform all applicants that it is a criminal offence to make incorrect, misleading or inaccurate statements or not to notify us of any relevant change of circumstances. Any offer of accommodation that is obtained by false or reckless statements or by withholding information will be cancelled and any tenancy or licence granted will be terminated. You may be prosecuted in court and liable on conviction to a substantial fine.
Further information
To find out more, contact Housing Options on 023 9283 4989, email housing.options@portsmouthcc.gov.uk or write to:
Housing Options, Civic Offices, Guildhall Square, Portsmouth, PO1 2AX
Associated documents:
Link 11 ( MB)